The Chinese authorities are again reporting crackdowns on human rights lawyers. Lu Siwei, a human rights lawyer in Sichuan, received a notice from the local Bureau of Justice requesting his law firm to send all the documents in the cases represented by Lu Siwei for review. Sources indicate that this is related to his representation of twelve Hong Kong people, and that the authorities are using tactics to try to force the lawyer to withdraw.
On November 3, Lu’s law firm, Sichuan Jinqi Law Firm, received a notice from the judicial bureau of Qingyang District, Chengdu, asking the firm to submit all of Lu’s case materials for inspection. Sources who wished to remain anonymous told us in writing that this was related to his representation of twelve Hong Kong people.
Twelve Hong Kong people who participated in the anti-sending campaign were arrested by the Chinese Coast Guard in late August while on a speedboat on their way to Taiwan to seek asylum.
Our Cantonese team has received reports that the Judicial Bureau in the area where the lawyer is based has interviewed the lawyer representing twelve Hong Kong residents and threatened him with not accepting the case. According to reports, six lawyers have been forced to withdraw from the case, and thirteen lawyers have been interviewed by the authorities.
Forcing Lawyers to Withdraw
Teng Biao, a Chinese human rights lawyer now living in the United States, told the station that although he had not received similar requests himself, the authorities’ crackdown on human rights lawyers was commonplace, with arrests and torture occurring, especially after Xi Jinping took office.
“This request to lawyer Siwei Lu. Of course, we also want to know what kind of evidence and strategy he has in the process, and on the other hand, it is a kind of intimidation of human rights lawyers, which itself can put a lot of pressure on lawyers,” Teng Biao said.
According to the notice obtained by our Cantonese group, the Judicial Bureau requires that all case files, power of attorney agreements and other information on all cases that Lu Siwei has represented from February 2019 to the present must be submitted to the Public Service Section of the Qingyang District Judicial Bureau before 14:00 on November 3. In addition, starting from the 4th, the cases represented by Siwei Lu within three days from the date of signing the proxy agreement, as well as cases requiring court appearances, must also be reported to the Qingyang District Bureau of Justice three days before the court date.
The first step in suppressing lawyers
U.S.-based lawyer Chen Jiangang believes that handing over case materials is the first step in the authorities’ crackdown on human rights lawyers.
“They (the Bureau of Justice) may deliberately pick some problems among them and put pressure on the lawyers, and that is the goal. The main goal is to get the lawyer to withdraw from the case …… because he’s done several cases that the CCP doesn’t want us lawyers to do, and now they’re pressuring him to withdraw from these sensitive cases,” he said. He said.
According to ADR.com, Lu Siwei, who worked on the “incitement to subvert state power” case of Guangxi lawyer Chen Jiahong, has come under pressure from Sichuan judicial authorities and the bar association. On April 24, 2012, the Chengdu Bar Association issued a disciplinary action against Lu for using a “blank power of attorney” in the Chenjiagong case.
China’s Rule of Law Under Communist Control
In recent years, there have been numerous reports of crackdowns on human rights lawyers in China. According to Chen, criminal defense in China has lost its reputation and the rule of law has long been a tool of persecution by the Chinese Communist Party.
“Criminal defense is no longer your right, but a gift from the Communist Party. Anyone who wants to appoint a defense lawyer needs the gift of the Communist Party, otherwise if you are arrested in China, you don’t have the right to hire a lawyer.” He told Radio Free Asia.
Chen believes that the authorities may use more serious measures against Lu Siwei in the future, including revoking his lawyer’s license or even arresting him. In the eyes of the Chinese Communist Party, this group of human rights lawyers has long been characterized as “anti-Party elements” and “counter-revolutionaries.
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